Roger Clemens' Ex-Trainer Fails to Disqualify His Attorney

« Hollywood Docket: 'River Why' Author Claims Producers Infringed on Film Rights | Main | WSJ Reporter Gives Inside Insight on Uma Thurman Stalker Verdict »

Roger Clemens' Ex-Trainer Fails to Disqualify His Attorney

Wed May 07, 2008 @ 12:34AM PST

Posted by Matthew Heller

ClemensAmid all the bad press over his "affair" with a country singer, embattled pitching legend Roger Clemens has gotten some good news in his defamation case against former trainer Brian McNamee -- he doesn't need a new lawyer.

McNamee argued that combative attorney Rusty Hardin should be disqualified from the case because he previously represented Yankee pitcher Andy Pettitte, a close friend of Clemens. Pettitte, who has admitted using human growth hormone, is expected to be a key witness.

But U.S. District Judge Keith P. Ellison ruled that McNamee had no standing as a third party to seek the disqualification of Hardin. Under the general rule of a 5th Circuit precedent, he said in this decision, "Only Pettitte would enjoy standing to make such a challenge" and the exception to the rule for "manifest and glaring" conflicts of interest "clearly does not encompass this case."

McNamee's motion to dismiss the case is still pending. Some have speculated that with the damage to Clemens' reputation from the publicity over his alleged affair, he will voluntarily dismiss the case.

TrackBack URL for this entry:

Listed below are links to weblogs that reference Roger Clemens' Ex-Trainer Fails to Disqualify His Attorney:

The Hollywood Reporter
The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to [email protected]

The Hollywood Reporter
Contact: Patrice Atiee at 323.525.2014 or [email protected]

The Hollywood Reporter is Your Complete Film Resource

The columnists and bloggers who write for The Hollywood Reporter have their collective finger on the pulse of the boxoffice. Martin Grove and the other THR columnists deliver their thoughts on the film industry in an uncompromised style. Subscribe to THR today and get the latest views from these film experts and get the latest movie reviews as well.